LAWS(PAT)-2014-4-14

SUBHANKAR JHA Vs. STATE OF BIHAR

Decided On April 04, 2014
Subhankar Jha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) SUBHANKAR Jha, the appellant, appeals against the judgment of conviction dated 18.07.2002 and order of sentence dated 19.07.2002 passed by the learned Presiding Officer, Fast Track Court - I, Purnea in Sessions Trial No.184 of 1997/ 113 of 2002 by which the appellant was held guilty of committing an offence under Section 307 IPC and was directed to suffer rigorous imprisonment for ten years.

(2.) TH32E informant Subhash Chandra Jha (P.W.3) had three brothers. Appellant Subhankar Jha was one of the three brothers and another brother Subodh Jha, a witness, was not examined. It appears from paragraph -11 of the evidence of P.W.3 that all brothers owned and possessed 18 kathas of bamboo clumps jointly. It appears further from the same paragraph that the brothers also enjoyed equal share in the share of properties of their deceased father between themselves.

(3.) IT appears that the informant Subhash Chandra Jha was taken to the State Dispensary, Dhamdaha where his fardbeyan (Ext -2) was recorded by the police and the case was registered under Sections 323, 324 and 307 IPC.